SERVICE PROVIDER TERMS & CONDITIONS

It is the policy of i need to work with Service Providers who offer the highest standards of service to the public. i need considers that such standards of service should include everything from the first enquiry right through to the way in which any problem or complaint is handled. Please do not advertise through the i need App unless you are willing to comply with the spirit, as well as the letter, of these aspirations. In particular, i need expects Service Providers to achieve a minimum of an 60% average satisfaction rating on Apple and/or Google (being at least 3.6 out of 6 stars). Further, i need reserves the right to remove Service Providers from the platform who consistently fall below this minimum standard.

Service Providers should carefully read and agree to the following terms and conditions, which will govern Service Providers’ contract with i need.

Service Provider Terms

THIS AGREEMENT is made BETWEEN OBLIX ODS Ltd whose registered office is at Rodney Chambers, 40 Rodney Street, Liverpool, England, L1 9AA and whose company registered number is 12800476 trading as i need ("i need", “we”, “us”) and

you, the provider of services  (the “Service Provider", “you”).

Subject to these terms and conditions (‘Terms’), i need shall permit the Service Provider to post the Service Provider Content on the Application and shall enable the Service Provider to feature the Service Provider Content on the Application for the relevant term and subject to the payment of the Fees.

By creating a profile and/or User Account, the Service Provider warrants that it is has the full right, authority and capacity to enter into and be bound by these Terms.  

Definitions and Interpretation

In this Agreement, the following expressions and words shall have the following meanings unless the context otherwise requires:-

  1. ‘Provider Services’ means the services to be made available by the Service Provider to Users pursuant to this Agreement.
  2. ‘User means any person(s) using the Application.
  3. The ‘Application’ means the i need mobile application owned by i need.
  4. ‘Service Provider Content’ means the Service Provider’s content created or supplied by the Service Provider for publication on the Application pursuant to these Terms.
  5. ‘System’ means the software operated and developed by Oblix ODS Ltd and available through the Application. The System is intended to allow Users to see information about Service Providers and to enable Users to make arrangements with Service Providers to receive Provider Services from them.
  6. The ‘User Account’ means any registration accepted by i need which enables the Service Provider to have access to certain elements of the Application from time to time.
  7. ‘Applicable Data Protection Law’ means (a) the General Data Protection Regulation ((EU) 2016/679) (GDPR) as specifically incorporated into UK law from time to time; (b) any UK laws, regulations and secondary legislation implementing GDPR including without limitation UK GDPR and the Data Protection Act 2018; and (c) any other applicable law relating to personal data to which the controller or the processor is subject.
  8. ‘UK GDPR’ has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

 

General

i need agrees to act as an advertising intermediary in respect of Provider Services by featuring the Service Provider Content on the Application. Save as expressly provided otherwise, i need accepts no liability in relation to any contract that any User and the Service Provider enter into, or for any Provider Services or for the acts or omissions of the Service Provider or any User or other person(s) or party(ies) connected with any booking. For all bookings the Service Provider’s contract will be with the User who is booking the Provider Services concerned from the Service Provider and will be subject to the Service Provider’s own booking conditions which can be requested from the Service Provider.

The Service Provider Content

It is at all times the Service Provider’s responsibility to ensure that the Service Provider Content is accurate. Without limitation i need will incur no liability for any errors, statements, representations or inaccuracies in the Service Provider Content.

The Service Provider warrants and represents that the Service Provider is licensed to use the entire contents and subject matter contained in the Service Provider Content, including, without limitation, (i) any names and/or pictures of persons; (ii) any copyright in the material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services, or any other intellectual property rights.

The Service Provider warrants and represents to i need that:

  1. It has the right to publish all of the contents of the Service Provider Content and can grant to i need such right, and that such publication will not: (a) breach the confidence or rights of privacy of, or, without limitation, infringe the copyright, database rights, trademark rights, patent rights, moral rights or any other intellectual property rights of, any third party; or (b) violate any applicable law or regulation including any laws relating to personal data;
  2. The Service Provider Content is legal, proper, decent, honest, accurate and socially responsible;
  3. It has complied with the codes of practice issued by the Committee of Advertising Practice in the UK, including, without limitation, the British Code of Advertising, Sales Promotion and Direct Marketing, and all other relevant codes under the general supervision of the Advertising Standards Authority or any other relevant authority;
  4. The Service Provider Content shall accurately show the availability and pricing of Provider Services.
  5. The Service Provider Content, and any website linked to by The Service Provider (“Linked Content”):

a) will not contain anything that is indecent, obscene or unlawful;

b) will comply will all applicable law;

c) will not contain any defamatory, false, misleading or untrue material or material which abuses, harasses, threatens or is otherwise offensive to any other person;

d) will not restrict or inhibit any other user from using the Application;

e) will not contain any virus or other material likely to harm the Application;

f) will not contain any other material which is likely to harm the reputation of i need; and

g) will not advertise or publicise any third party without the consent (at its discretion) of i need.

The Service Provider hereby expressly grants to i need:

  1. a non-exclusive, irrevocable, royalty-free, world-wide right to use, reproduce and publicly display the Service Provider Content and warrants that the Service Provider has the right to grant such licence;
  2. the express right to reproduce throughout the world screen shots of the Service Provider Content on the Application or any website used by i need as applicable.
  3. The right (at i need’s discretion) to allow third parties to use and display the Service Provider Content for sales and marketing purposes, which may (without limitation) include the provision of the Service Provider Content to third party applications or websites.

The Service Provider will not acquire any title, copyright or other proprietary rights in the System or the Application or its content.

The entire copyright and any other intellectual property rights in the Service Provider Content throughout the world shall be and shall remain the exclusive property of the Service Provider save in respect of any incorporated into any content created by i need, the copyright in respect of which will be and remain the property of i need.

i need reserves the right to determine (without limitation) the Application’s design, features, functionality and layout and cannot be held responsible for any loss or damage or otherwise resulting from the design or the positioning of the Service Provider Content. i need does not guarantee any specific position on the Application for any Service Provider Content.

The Service Provider accepts that any Service Provider Content featured on the Application may be subject to editorial review by i need. i need also reserves the right, without liability, to edit, copy, amend, reject, replace, omit, terminate or exclude any Service Provider Content if it reasonably believes the Service Provider Content would or would be likely to put the Service Provider in breach of these Terms or  would otherwise be detrimental to the interests or goodwill of i need at any time, or if i need receives any complaint which it (in its reasonable discretion) considers to be valid about the Service Provider or the Service Provider Content with or without notice to the Service Provider, whether or not such Service Provider Content was previously acknowledged, accepted, or published. Without limitation, i need may not accept Service Provider Content featuring any persons unless the Service Provider can provide i need with evidence (on request) that such persons have consented to being so featured. i need will not accept Service Provider Content featuring children or young persons without written consent from their parent or lawful guardian.

Notwithstanding this, i need may at its option use reasonable endeavours to fulfil the Service Provider’s reasonable requests. Any such action shall be without prejudice to i need’s other rights and remedies. Without prejudice to these Terms generally, i need may at its absolute discretion offer the Service Provider the opportunity to correct any matter which has led i need to take action.

The Service Provider acknowledges and accepts that the Service Provider Content featured on the Application may be reviewed either favourably or unfavourably by third party consumers and that third party review activity does not constitute the view or opinion of i need. The Service Provider accepts that i need offers no editorial services for reviews and is not in a position to investigate every review but takes reasonable steps to prevent libellous or offensive materials from being posted online, although i need reserves the right either to maintain or to remove reviews for any reason within its sole discretion.

Fees

Where the Service Provider selects our Subscription service you shall pay any fees detailed as applicable or as maybe required by i need (‘Fees’) for use of the i need platform. Fees include Value Added Tax and these are detailed on our website: https://ineed.co.uk in the FAQ’s section.

The Service Provider expressly authorises i need to process and collect payments of deposits (and other sums) from Users on its behalf. The Service Provider also agrees and acknowledges that i need will charge a booking fee to Users for the provision of its services. For Users or Service Providers who pay a subscription fee, then no booking fee will be payable. 

The Service Provider will cooperate reasonably with i need and provide i need with all information required by i need (including bank account details) to put such payment processes in place. The Service Provider acknowledges that i need has no liability for the acts or omissions of any bank or payment facilitator or of the User.

Account Access

Access to your account (Service Providers on the Application) will be gained by using the username or your mobile number and the password selected by you during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your username, password and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.

You must tell us immediately if you believe that an unauthorised person knows your username or password or has access to your account.

We reserve the right to refuse service or terminate accounts if we suspect an unauthorised person is attempting to access it.

You agree that we shall not be liable for any losses you suffer as a result of unauthorised access to your account.

Service Provider’s obligations in respect of the Provider Services

The Service Provider hereby confirms and agrees that:-

(i) the Provider Services will be provided as arranged with the User, with all due skill, care and diligence and that all persons provided or used by The Service Provider (whether or not employed by them) in connection with provision of the Provider Services will be appropriately qualified, experienced and capable of competently performing the work or jobs for which they are provided.

(ii) all tools, vehicles, goods or equipment the Provider uses or supplies in connection with the Provider Services will be of a good and lawful standard, in full working order and safe for use (and certified where required).

(iii) the Provider Services comply, and the Service Provider will at all times comply in full with all applicable national and local laws and regulations and with all applicable codes of practice relevant to the Provider Services and that the Service Provider will at all times maintain in force all required licences and certificates relating to the carrying on of its business.

(ix)  the Provider Services will be as described in the Service Provider Content.  The Service Provider agrees that all such description(s) and other wording are and shall at all times remain correct. 

(iv) the Provider Services will at all times be sold to Users at the price(s) displayed as part of the Service Provider Content at the time the User placed a booking for those Provider Services.

(vi) It will not wrongfully or unlawfully deny Users access to the Provider Services.

(vii) It will not commit any act reasonably likely to damage the reputation and/or business of i need or of the Application.

User Complaints

The Service Provider will deal sympathetically, efficiently and politely with all requests and complaints made by any Users. The Service Provider shall further render such prompt assistance as any Users may reasonably require without cost to i need.

Insurance

The Service Provider shall at all times maintain (at its own cost) a comprehensive insurance policy or policies to cover:-

(i) all risks relating to and/or arising out of the performance of this Agreement and/or the Provider Services normally covered by insurance including (by way of example and not by way of limitation) destruction or damage of any property by any cause and all third party risks including cover for death, personal injury and illness (including all legal costs of both the Users concerned and of i need);

(ii)  the full amount of all sums which may become payable under the indemnity clause below;

The Service Provider shall provide a copy of the policy(ies) referred to above together with the up-to-date schedule(s) and receipt(s) for the current premium to i need or its representative on demand.  The Service Provider shall keep I need informed of all changes and developments which do or may affect the said policy(ies).  If required by i need, The Service Provider shall increase the amount of any insurance cover and/or extend the risks covered.  i need shall not, however, be obliged to check the nature and extent of the Service Provider’s insurance cover. 

Indemnity

Without prejudice to any other provision in this Agreement, the Service Provider agrees to indemnify i need for the full amount of all damages, expenses, losses, compensation, demands, actions, liabilities, fines, costs (including legal costs) and/or any other sum of whatever nature which, for any reason whatsoever, i need incurs or pays as a result directly or indirectly in whole or part of:-

  1. any breach of any nature whatsoever of the Service Provider’s obligations expressed or implied under this Agreement;
  2. any failure by the Service Provider to comply with any applicable law or regulation;
  3. any action the Service Provider commits which damages the reputation of i need; or
  4. any omissions, breaches and/or default(s) of the Service Provider and/or any person(s) provided or used (directly or indirectly) by the Service Provider (including employees, agents, suppliers and sub-contractors of the Service Provider).  

This indemnity shall survive and remain in full force and effect after the termination (for whatever reason) or expiry of this Agreement. 

Term, Termination and consequences of Termination

This Agreement will commence once you have successfully completed our account opening process and will continue (unless terminated earlier in accordance with this clause or the other terms of this agreement) until terminated by either party giving the other party not less than 1 months written notice.

i need reserves the right to terminate this Agreement immediately without notice and without the Service Provider being eligible to claim compensation in the event that:-

  1. the Service Provider fails to comply with any term of this Agreement;
  2. the Service Provider fails to maintain an average satisfaction score on Apple/Google of at least 3.6 out of 6 stars;
  3. the Service Provider commits any act reasonably likely to damage the reputation and/ or business of i need.

In the event of termination of this agreement for any reason, the Service Provider Content will be immediately removed from the Application.

In the event of the termination of this Agreement, the Service Provider shall honour all bookings made through the Application prior to the effective date of termination. It is the responsibility of the Service Provider to ensure that payment for all arrangements has been collected from the User.

Provisions of this Agreement with continuing effect shall survive the termination of this Agreement for any reason.

The Application

The Service Provider agrees to keep its Login confidential and only to allow other individuals who are validly authorised to do so to use the Login to access any part of the Application. The Service Provider is responsible for all activities under the Login.

i need is responsible for the operation and maintenance of the Application and, although it shall use its reasonable endeavours to keep the Service Provider Content available on the Application, it gives no guarantee as to continuing service availability.

The Service Provider accepts that i need cannot ensure that the Service Provider Content in all respects is visible in all browsers, formats and devices.

i need may provide a mapping / location service called Geo-Fencing on the Application. The functionality, presentation and distances detailed of Geo-Fencing are entirely at the discretion of i need and i need cannot guarantee that any specific Service Provider will be included in any particular search.

The Service Provider accepts that i need may refuse hypertext links or web addresses to certain third-party websites or applications from the Service Provider Content and may remove such links or web addresses without notice. (I don’t think we have this editorial capability)

i need’s Liability

  1. Except as expressly provided in this Agreement or in the Licence i need gives no warranty in relation to the provision of services under this Agreement and all warranties, express or implied, are excluded.
  2. i need does not limit or exclude liability for (a) death or personal injury caused by its own negligence; (b) its own fraudulent act; or (c) any other matter which cannot be lawfully limited or excluded.
  3. i need’s entire liability to the Service Provider arising out of or in connection with this Agreement, including without limitation breach of contract, misrepresentation (except where fraudulently made) and tort (including negligence), is limited to the amount of £700.
  4. Notwithstanding the generality of this clause, i need expressly excludes liability for any indirect, special, consequential or economic loss or damage which may arise out of or in relation to this Agreement, whether arising from any failure to publish the Service Provider Content in a timely manner or at all, or otherwise, and for any loss of profits, revenue, anticipated savings, business, contracts, production or goodwill even if i need has been advised as to the possibility of such damages.
  5. Save as otherwise set out in this Agreement, i need shall not be responsible for any error in the placement of, delay in the placement of, or failure to place, any Service Provider Content on the Application.
  6. i need will use reasonable skill and care in performing its duties hereunder but subject thereto:- (i) i need hereby excludes any warranty, express or implied, as to the performance, quality, accuracy or fitness for a particular purpose of the Application or of any of the contents of the Application; (ii) i need will not be liable to the Service Provider for any losses or damages arising (whether in tort (including negligence), contract or otherwise) directly or indirectly as a result of the use of the Application  or in connection with Service Provider Content including, without limitation, from any technical malfunction, computer error, defect in software, loss of data or other damage or disruption to Service Provider Content; (iii) i need makes no warranty that the contents of the Application are free from infection by viruses, worms or trojans or anything else that has contaminating or destructive properties; and (iv) certain links on the Application  may lead to resources located on servers maintained by third parties over whom i need has no control and i need accepts no liability arising from access to or use of any material contained on those servers.
  7. Any complaints concerning Service Provider Content or i need’s obligations under this Agreement must be reported to i need as soon as possible and in any event within 2 weeks of the publication of the Service Provider Content or action to which the complaint relates.
  8. i need will take reasonable care to safeguard any materials supplied to it by the Service Provider (for example photographs, drawings, designs, advertisement proofs, etc). However, i need cannot accept liability if any such material is mislaid, lost, destroyed or damaged in any way from any cause.
  9. I need makes no commitment that the Service Provider will receive any level of bookings or revenue and is not responsible for the level of bookings received through the Application. i need further cannot accept any liability for any claim or complaint that the Service Provider has received an unsatisfactory level of bookings.
  10. I need does not warrant that the Application will be constantly available or uninterrupted.

Force Majeure

If either party cannot perform its respective obligations under this Agreement due to circumstances beyond its control (including but not restricted to war, threat of war, civil strife, strikes and/or industrial action, natural or nuclear disaster, fire, flood, snow, extreme weather, epidemics, pandemics, terrorist activity, government actions, acts of god and all other similar events), the affected party shall not be liable to the other party for any failure to perform its obligations as long as it uses reasonable efforts to limit the effect of such circumstances and resumes its obligations under this Agreement as soon as reasonably possible.

Data Protection

The Service Provider warrants that it shall at all times comply with Applicable Data Protection Law.

i need and the Service Provider act as Data Controllers (as defined in UK GDPR) in relation to the personal data of Users.

Without limitation, the Service Provider will provide Users with all of the information that they must legally provide to them in connection with the processing of their personal data at the times required by law.

The Service Provider will provide i need with such reasonable assistance as is necessary to enable i need to comply with any lawful requests (including data subject access requests) from customers and or Users in relation to their personal data and to help i need to respond to requests from regulators. The Service Provider will at all times have processes in place to protect Users’ personal data against loss, destruction, damage or unauthorised access or use.

Please see i need’s Privacy Notice [HyperLink to insert Link] which explains how i need processes personal data.

Severability

If any provision of this Agreement is held to be invalid or void for any purpose, it shall for that purpose be deemed to be omitted from this Agreement. Such omission shall not affect or prejudice the validity, effectiveness or enforceability of the rest of the provisions of this Agreement.

Waiver

The rights of i need under this Agreement shall not be prejudiced or restricted by any indulgence or forbearance extended to the Service Provider.  No waiver of any breach operates as a waiver of any subsequent breach.

Law and Jurisdiction

This Agreement and all matters arising out of it shall be construed and governed according to English law. The parties agree that any dispute(s) they may have will be exclusively dealt with by the Courts of England and Wales except in relation to any proceedings brought against i need in any other jurisdiction which involve or concern, in whole or part, the Provider Services. i need shall be entitled to make the Service Provider a party to any such proceedings.

Headings

The headings in this Agreement are for reference purposes only and do not form part of the Agreement.  They shall not affect the interpretation of this Agreement and are not to be deemed to be an indication of the meaning of the clause to which they relate.

Variation

The terms of this Agreement may be varied at any time and all subsequent use of the Application will be governed by the newer version. 

Inconsistency

In the event of any conflict or inconsistency between the provisions of these Terms and those set out in any agreement supplemental to this one, the relevant provision(s) of the supplemental agreement shall prevail.

No Partnership

Nothing in the Contract shall create, or be deemed to create, a partnership or joint venture between the Service Provider and i need.

Third Party Rights

No person has any rights under this Agreement save as may be set out in it and the parties agree that the Contracts (Right of Third Parties) Act 1999 is excluded.

We keep these Terms under periodic review. This version was last updated on 14th February 2024.

 

 

 

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